Bernard Montgomery v. State
Bernard Montgomery v. State
Opinion
The defendant petitions for a writ of prohibition following the circuit judge’s denial of the defendant’s motion to disqualify the judge. Based on our review of the petition and motion, we issued an order to the state to show cause why we should not grant the petition. The state candidly has responded that it can find no such cause. *1232 We conclude the petition has merit and grant the petition. See Gore v. State, 96.4 So.2d 1257, 1268 (Fla. 2007) (“The standard for determining the legal sufficiency of a motion to disqualify is whether the facts alleged, which must be assumed to be true, would cause the movant to have a well-founded fear that he or she will not receive a fair trial at the hands of that judge.”). The defendant’s cases shall be re-assigned to another circuit judge.
Petition granted.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.